§ 20-1036. Civil action by Commission in public interest

MD State Govt Code § 20-1036 (2019) (N/A)
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(a)    The Commission may commence a civil action in the appropriate circuit court if the Commission has probable cause to believe that:

(1)    (i)    a person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this part and Subtitle 7 of this title; or

(ii)    any group of persons has been denied any of the rights granted by this part and Subtitle 7 of this title; and

(2)    the resistance or denial raises an issue of general public importance.

(b)    The Commission or other party at whose request a subpoena is issued under this part may enforce a subpoena in appropriate proceedings in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.

(c)    (1)    In a civil action under subsection (a) of this section, the court may:

(i)    award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of Subtitle 7 of this title as necessary to assure the full enjoyment of the rights granted by Subtitle 7 of this title;

(ii)    award other relief the court considers appropriate, including monetary damages to aggrieved persons; and

(iii)    to vindicate the public interest, assess a civil penalty against the respondent:

1.    in an amount not exceeding $50,000, for a first violation; and

2.    in an amount not exceeding $100,000, for any subsequent violation.

(2)    In a civil action under this section, the court may allow the prevailing party, including the Commission, reasonable attorney’s fees and costs.

(d)    (1)    On timely application, a person may intervene in a civil action commenced by the Commission under subsection (a) or (b) of this section, if the action involves:

(i)    an alleged discriminatory housing practice to which the person is an aggrieved person; or

(ii)    a conciliation agreement to which the person is a party.

(2)    The court may grant any appropriate relief to any intervening party that is authorized to be granted to a plaintiff in a civil action under § 20–1035 of this subtitle.